Resolution No. 759 of October 28, 2024
- Current Normativity
- Resolution No. 759 of October 28, 2024
Resolution No. 759 of October 28, 2024
I hereby share Resolution No. 759 of October 28, 2024 by which the ANM implements the Minerals Traceability Platform – PTM”.
The purpose of this resolution is to implement within the framework of the Minerals Traceability System, the Minerals Traceability Platform which will verify in real time the amount of mineral that has been marketed from a legal authorization for the exploitation of minerals.
This resolution applies to all mineral commercialization operations carried out in the national territory and those who intervene in the traceability chain as mining agents.
The purpose of the resolution is to implement the Minerals Traceability Platform – PTM; which will verify in real time the amount of mineral that has been marketed from a legal authorization for the exploitation of minerals and establish the specific and concrete provisions for its operation and functioning, in order to provide transparency to the mineral commercialization activities carried out in the national territory.
Implementation: the Minerals Traceability Platform – PTM is implemented within the framework of the Minerals Traceability System, through which the amount of mineral that has been commercialized from a mining title and/or legal prerogatives for the exploitation of minerals will be verified in real time, which will be administered by the National Mining Agency – ANM.
The registration of mineral commercialization transactions in the Minerals Traceability Platform – PTM will be done through a Minerals Traceability Technological Operator – OTTM.
Obligatory nature. All mineral commercialization transactions carried out in the national territory shall be registered through the Mineral Traceability Platform – PTM, in the manner and periods established in this resolution.
Likewise, the Owners of Beneficiation and Transformation Plants registered or published in the Sole Registry of Mineral Marketers – RUCOM shall register in the Traceability Platform of Minerals – PTM, the purchase transactions of minerals to be beneficiated or transformed.
The Minerals Traceability Platform – PTM will register all the information related to the commercialization of the mineral and will be integrated with the platforms of the National Mining Agency – ANM to verify compliance with the conditions that allow Mining Operators to carry out commercial transactions.
Obligations of the Authorized Minerals Marketers.The Authorized Minerals Marketers when registering purchase transactions in the Minerals Traceability Platform – PTM, in compliance with due diligence shall: 1. demand from the Authorized Mineral Operator the Document of Accreditation of Illicit Provenance of the Mineral, or from the Selling Marketer, the delivery of the Unique Code of Origin of the Mineral, in order to establish that the minerals marketed come from authorized mining activities. 2. Once the technological, functional and legal mechanism for the biometric validation process with the National Civil Registry is established, this must be done in all commercial transactions in order to avoid impersonation. 3. Conduct a study of the seller in order to verify that it has no legal restrictions that prevent it from selling minerals in the national territory, for which it shall: verify the restrictive lists binding for Colombia according to SARLAFT and SAGRILAFT regulations, and obtain the support of the consultations made. For this purpose, it must consult at least the following information from the seller: i) That the RUT is in force and the economic activities registered are associated with the commercialization of minerals ii) Disciplinary Record issued by the Attorney General’s Office, iii) Record of Fiscal Responsibility issued by the Comptroller General of the Republic, iv) Judicial Record issued by the National Police. 4. Generate the Mineral Commercialization Registration Document, which shall be composed of: i) Copy of the identity document and updated RUT of the seller (valid for no more than 30 days). ii) The document of Accreditation of Illicit Provenance of the corresponding Mineral. iii) The result of the validations of identity and due diligence of the seller. 5. Encrypt the Mineral Commercialization Registration Document through a SHA256 HASH Code, and send this code to the Traceability Platform of Minerals – PTM. 6. Keep without alterations, make available and send to the National Mining Agency – ANM when requested by the latter the Minerals Commercialization Registration Document and keep it in the time and form established for this purpose in the Document Retention Table of the National Mining Agency – ANM. To carry out the electronic invoicing process for those obliged to invoice, in accordance with the provisions of article 617 of the Tax Statute or the rule that modifies or substitutes it, or in its absence the electronic support document for those not obliged to invoice, in accordance with the provisions of article 617 of the Tax Statute or the rule that modifies or substitutes it, or in its absence the electronic support document for those not obliged to invoice.
Rejection of commercial mineral transactions. The Authorized Mining Operator is not registered in the platforms provided by the National Mining Agency (GENESIS, RUCOM, ANNA MINING, etc.) for this purpose. 2. The Subsistence Miner exceeds the maximum volume of annual production allowed. 3. The Authorized Minerals Marketer or Beneficiation Plants are not registered or published in RUCOM. 4. The Authorized Minerals Trader that sells that does not have balances of minerals, which support the transaction that is being carried out. 5. Once the ID card of a seller has been validated against the web service provided by the National Registrar’s Office, it is determined that such ID card corresponds to a deceased person. In the case of legal entities, it is determined that the tax identification number corresponds to a company with non-existent or non-current status. In the case of non-nationals, no record is found that validates the existence of the foreigner’s identification card.
PTM operating costs. In accordance with the provisions of paragraph 3 of Article 2.2.5.5.6.4.5. of Decree 2234 of 2023, the costs associated with the use of the Minerals Traceability Platform – PTM by authorized mining marketers and beneficiation plants registered or published in the Single Registry of Minerals Marketers (RUCOM) shall be their responsibility. These costs will be estimated by the Mining Authority within twelve (12) months after the platform becomes operational.
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Attachments:
2024-10-31-RESOLUCION-NUMERO-759-28-OCT-2024-1.pdf